Element 2

Legislative framework for the responsible service of alcohol.

Types of NSW liquor licences p26

•Hotel licence (including general bar licencee);•Club licence;•Packaged liquor licence;•On-premises licence;•Producer/Wholesaler licence;•Limited licence.

Trading Hours p29

•Monday – Saturday 5am-midnight

•Sunday – 10am-10pm

•Licenced Premises

•Registered Clubs

•Applications to extend the standardhours of trade, can be submitted to TheAuthority.

Discussion

What does the term‘Harm Minimisation’ mean to you?Refer to page 29.

Harm Minimisation p30

The minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). Harm minimisation is a primary objective of the legislation.

Harm Minimisation – 4 Levels of Attack

1. Laws

2. Legal Enforcement

3. Industry Initiatives

4. Individual venue strategies

Major Reasons for Refusing Service

1. Intoxication

2. Not allowing violent or quarrelsome conduct

3. Cannot serve a minor

Disturbance Complaints p30

•A complaint about undue disturbance;

•Stem from serious problems relating to the management and operation of the venue,

• violent, • anti-social or • criminal activity;

•Conditions can be imposed.

Disciplinary Complaints p31

• Breach of licence condition;

• Licence not exercised in the public interest;

• Intoxicated persons;

• The licensee / manager has engaged in activities likely to encourage liquor abuse; and

• Acts of violence involving patrons.

Maximum Penalty – up to $22,000

Disciplinary Complaints – Possible Outcomes p32

• Maximum Penalty – up to $22,000

• Temporary Closure Orders – up to 72 hours / up to 6 months

• Entry Curfews – voluntary or imposed

Intoxication p32

Under the liquor laws an intoxicated person

1. cannot be admitted; or 2. allowed to remain in a licensed venue; or3. nor can they be served liquor.

There are two key intoxication offences in the NSW liquor laws:

1. permitting intoxication; and2. serving liquor to an intoxicated person.

Section 73 (Part 5) (1) Liquor Act 2007: Maximum Penalty 100 penalty units

There is no statutory defence or mitigating steps available for the

offence of serving liquor to an intoxicated person.

Discussion

How am I supposed to know if someone is intoxicated? After all, I can be prosecuted for intoxication offences.

Intoxication Defined p36

For the purposes of the liquor laws, a person is considered to be intoxicated if:

• the person’s speech, balance, coordination or behaviour is noticeably affected, and

• it is reasonable, in the circumstances, to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor.

Intoxication Defined

Speech - Slur words, talk in rambling or unintelligible sentences, are incoherent or muddled in their speech.

Balance - Are unsteady on their feet, stumble or bump into people or objects, sway uncontrollably or cannot stand or walk straight.

Coordination - Fumble to light a cigarette, have difficulty in counting money or paying, spill or drop drink, have difficulty in opening or closing doors.

Behaviour - Become rude, aggressive, or offensive, are unable to concentrate or follow instructions, become boisterous or pester others.

Intoxication and the Law

A degree of judgement is still required by licensees, serving staff and security officers in determining whether a person is intoxicated, or approaching the point of becoming intoxicated;

To avoid prosecution for the offence of permitting intoxication - You need to show that you have taken Relevant or Reasonable steps to prevent intoxication;

Relevant Steps p34

Step 1: Refuse service to the intoxicated person

Step 2: Ask the intoxicated person to leave the premises

Step 3: Offer Assistance

Step 4: Contact the police for assistance in removing the person

Step 5: Record the incident in a log book

Incident Recording & Log Book p36

To protect yourself: the following incidents should be

recorded:• Arguments with a customer or between customers, suspicious

or anti-social behaviour;

• Refusal of service to minors, intoxicated or disorderly patrons or

breaches of house policy;

• Removal of persons from the premises for any reason;

• Accidents, near misses to employees and patrons;

• Theft or damage to property, employees or patrons;

• Refusal of offer for safe transport.

Strategies p34

•Sufficient employees on duty

•Employees have completed an approved RSA course

•Availability of food

•Non-Alcoholic products available

•Low-Alcoholic products available

•House Policy

•Continued education

Other Strategies: Voluntary Exclusions p37

Whereby people with a drinking problem can exclude themselves

from a licensed venue;

Similar to people with gambling problems;

Part of the liquor accord;

Licensees obligated to comply.

Other Strategies: Fail to Leave p37Patrons can commit an offence where they are drunk or disorderly and refuse to leave the premises, or the vicinity of the premises, when asked to by police or venue staff.

The vicinity – 50 metres

Penalties of $5,500 fine or 50 penalty units

No re-entering or attempting to re-enter:

•6 hours

•24 hoursRefer: Section 77 (Part 5) Liquor Act 2007

Other Strategies: Banning orders p38

Where a person has been excluded from a licensed premises for being drunk, violent

or disorderly an application can be made by a licensee, who is a member of the local liquor accord, to the Authority for the person to be barred for up to six months.

Refer: Section 78 (Part 5) Liquor Act 2007

Minors and the penalties involved

Minors and the maximum penalties involved p38-41$11,000 / 100 pu

12mths gaolAdult – Supplying liquor to a minorAdult – Selling liquor to a minor

$1,100 / 55 pu Minor – purchasing/drinking liquor in a licensed venue

$2,200 / 20 pu Minor – attempting to purchase and drink on licensed premises

$5,500 / 50 pu Minor serves liquor without approval

$2,200 / 20pu Adult (Licensee/employee) requests a minor to take delivery of a remote saleRefer to Section 114 (Part 6) (7)

$5,500 / 50 pu Licensee is liable if a minor is found in a bar area of a premises

Refer to Section 117 (Part 7) Liquor Act 2007

Minors - Second Party Sales p38

A person purchases liquor on behalf of a minor is committing an offence. $11,000 or (1100 penalty units) and / or 12 months imprisonment

Refer: Section 117 (Part 7)(6)

How old were you when you had yourfirst alcoholic drink?

How did you obtain it?

Activity: Complete the activity ‘Evidence of Age’ on page 42.

Activity: Evidence of AgeApproved forms of ID:1.Photo Card

issued under the Photo Card Act 2005

2. Motor Vehicle or Rider’s Licence (Australian or foreign)

3. Passport (Australian or foreign)

4. Birth CardSource: NSW Liquor Act 2007

NSW PROOF OF AGE (valid till 14 Dec 2008)

NSW RTA PHOTOCARD

NSW DRIVERS LICENCE

Birth Card

Acceptance of ID•Birth date•Photo•Signature

Checklist for evidence of age p43

Check the photo Does it match the person?

Check the birth date Does it confirm the person is over 18 years?

Check for any alterations Have any numbers been altered – particularly the last digit of the date of

birth?

Check the hologram For NSW proof of age cards producedfrom 1996

Mandatory signs p44

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Summary p48Trading hours remain the same.Key Agencies have the right to impose various sanctions against a venue including: penalties, closure orders and entry curfews.Intoxication is illegal and you must be pro-active in recognising and managing the situation before it gets out of control.Patron management extends to voluntary exclusion and being banned.Serving and / or selling alcohol to minors is illegal ensure you correctly check all forms of identification.Look out for the new signage.

Revision Questions

1. What signs might tell you a person is intoxicated?2. What are some acceptable forms of ID?

3. What is the maximum penalty for serving alcohol to a minor? 4. What are four things you must check on any form of ID?5. What are some legal reasons why you can refuse to provide service of alcohol?